Report on the implementation of the Action Plan for Chapter 23, drafted by MANS, shows that nearly half of the reforms outlined in this document was implemented by the end of 2016 carried, a third was partly implemented, while one in six planned measure was not implemented. The most has been done in the area of the judiciary, where two thirds of the planned were implemented. The lowest number of reforms was implemented in the areas of the fight against corruption and cooperation with the NGO sector, about a quarter and a third of the planned measures respectively, while a half of the planned reforms was implemented in the area of human rights.
However, the outreach of the reforms remains very limited. When it comes to the judiciary and the fight against corruption, reports of international organizations show that no major progress has been made in these areas. Adopted amendments to the legal framework have not fully prevented political influence on the judiciary. The data collected indicate that the Judicial Information System in operation in all courts, but that is not always used for random allocation of cases. In addition, statistical data on the work of the judiciary are not reliable.
Researches of non-governmental organizations indicate that there is a large number of pending cases, although we have twice as many judges as the European average is. Courts have been relieved by the introduction of notaries and public enforcement, though individual judges are not evenly encumbered. Also, there is no system of promotion and evaluation of judges and prosecutors.
The new legal framework have improved conditions for conducting disciplinary proceedings against judges and prosecutors, but it yielded no results. There were no criminal proceedings against judicial officials. The number of approved applications for recusal of judges is increasing, and the data on the requirements for recusal of public prosecutors is not available.
The legal framework in the area of the fight against corruption has been improved, new institutions have been established and the capacities of the existing ones have been enhanced through additional employment and training. However, implementation of new regulations have limited results. The work of the Agency for Prevention of Corruption is not transparent enough and the results are modest. The number of detected cases of conflict of interest and illicit enrichment of public officials is very small. Control of financing the election was superficial and selective, while a lot of information is not available to the public. The new legal framework stipulates better protection of whistle-blowers, but there is no major progress in practice.
A part of the planned reforms of the cumbersome and politicized public administration, as well as the process of recruitment, promotion and remuneration of civil servants has not been improved. In addition, there are serious problems with access to information held by public authorities.
There are no court proceedings, not judgments related to corruption in particularly sensitive areas, privatization, public procurement, education and health. The law has not provided the prevention of corruption in public procurement, the number of inspectors is small, so the controls are very rare. The privatization process is not transparent and is conducted on the basis of an outdated legal framework. The state has no data on the extent of illegal construction, while the jurisprudence stimulates violation of the law.
The role of the Parliament and its results in the fight against corruption are worse than before. The government is not prepared to include civil society in the work of bodies relevant to the fight against corruption. There is no major progress in the area of cooperation of the government with NGOs, because of the delay in the adoption of major laws. There are serious problems in the work of the Government’s Council for Cooperation with NGOs.
The new Special Prosecutor’s Office in charge of the fight against corruption has been formed, but there was no determination of liability of prosecutors for previous failures in work. Most final judgments pronounced last year were acquittals, and the mild penal policy is particularly worrying. The unusually large number of cases was rejected due to the statute of limitations.
By applying the new legal institute of plea agreement, those convicted of corruption received sentences below the legal minimum. There is no progress when it comes to financial investigations and the assets seized in the last two years rather insignificant. The new law stipulates conditions for asset forfeiture which are more favorable to the accused.
Details on the implementation of reforms under the Action Plan for Chapter 23 are available in the report drawn up on the basis of documentation that MANS collected from the state authorities, on the basis of the Law on Free Access to Information, as well as the information contained in the reports of state institutions, international and non-governmental organizations.
Monitoring the implementation of the Action Plan for Chapter 23, which is carried out by MANS, is supported by the European Union and the British Embassy in Podgorica.
MANS
